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(영문) 인천지방법원 부천지원 2018.08.22 2018고단1247

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) by the Defendant is a person engaging in driving a rocketing car.

On April 6, 2018, the Defendant driven the said vehicle under the influence of alcohol level of 0.209% from blood alcohol level of 0.209%, so that normal walking is impossible, blood color is red, and it is impossible to drive the said vehicle normally due to incorrect weather conditions, etc., and led to the driving of the said vehicle on the northwest-dong, Kimpo-dong, Kimpo-ro 17 in the direction of Kimpo-si Office from the northwest-dong, Kimpo-dong.

At the time, the passage of the vehicle at night is the intersection where traffic is frequent, and the vehicle signal, etc. is on-and-off, so in such a case, there was a duty of care to temporarily stop before entering the intersection before entering the intersection and safely proceed with the traffic situation.

Nevertheless, the Defendant neglected to do so and went straight to the intersection from the right direction of the said car by occupational negligence entering the intersection while under the influence of alcohol.

D The front wheels part of the E bus driven by D was received as the front part of the said car.

As a result, the Defendant sustained injury to the victim F (F) who was driving the said car in a state where it is difficult to drive the car normally due to influence of drinking, such as light drums, etc. in need of approximately three weeks of medical treatment, and the victim G (V, 46 years of age) suffered injury such as light drums, tensions, etc. in need of medical treatment for about two weeks.

2. Defendant 1 driven the said vehicle under the influence of alcohol concentration of approximately 0.209% in a section of about 700 meters from the front day of the Korean Electric Power Corporation Kimpo-ro, Kimpo-dong, Kimpo-dong, Kimpo-dong, located in the northwest of the same city, to the front day of the distance of Kimpo-dong, Kimpo-dong.

Summary of Evidence

1. The defendant's person;